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Mexican Gulf Fishing Co. v. United States Department of Commerce
The Fifth Circuit reversed summary judgment for NOAA and NMFS in a challenge to the agencies' rule requiring charter boat owners to install NMFS-approved vessel monitoring systems (VMSs) to track the vessels' GPS locations. Charter boat captains argued the rule's tracking requirement exceeded the au...
Clean Water Act Rulemaking
The Ninth Circuit reversed a district court's order granting voluntary remand and vacating EPA's 2020 CWA Section 401 Certification Rule. States, environmental groups, and tribes challenged the rule, arguing it unlawfully restricted states' and tribes' ability to reject water pollution projects. Bef...